Tag: news

Threats to Fundamental Rights in the Digital Era: Analysing Rule 4(2) of IT Rules 2021

This blog ais to analyse Rule 4(2) of the IT Rules, 2021 which mandates identification of the first originator of information. Wherein, It threatens user’s privacy, free speech, and intermediary’s immunity by breaking end-to end encryption, promotes chilling effects, creates arbitrary state actions and violates international principles. Thus, the need of reforms is necessary to balance regulation with fundamental rights in the digital age.

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Beyond the Speaker’s Discretion: Expanding Judicial Review in Disqualifications

This article argues for expanding judicial review of political defection cases in India, where speakers’ partisan decisions have undermined the Tenth Schedule’s democratic purpose. It contends that substantive judicial intervention is constitutionally necessary to safeguard democracy, despite challenges to the separation of powers doctrine.

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Justice at a Crossroads: The Promise & Peril of Judicial Privatization in India

Imagine a justice system where the snake of briskness in business is forever strolling on the crosshairs of the crocodile of justice's sobriety. That is the imagination invoked with the privatization of justice: the makings of a once-in-a-lifetime overhaul of the justice administration system. The question would then be whether, on grounds of judicial inefficiency, such a bold step would offer the key to a resolution or would only serve to open the box of Pandora anew. At the frontier of corporate innovation and justice, this essay analyses India's judicial privatization—looking at how, at one level, privatization holds out prospects for a sea change in efficiency and creativity, and at another level, there are the critical risks of corruption and inequality—along with present global insights and safeguards for this transformative shift.

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India’s Fiscal Federalism: Challenges and Path Forward

This article examines the constitutional architecture governing the regulation of state borrowing in India by studying Article 293 of the Indian Constitution. It looks at court decisions and fiscal federalism as well as using examples such as the Kerala case to underscore the extent of the control of the central government on matters related to borrowing. The article then turns to a discussion on striking an optimal balance between state financial autonomy and national economic stability.

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Freebies In Electoral Democracies: A Necessary Change Withheld by Major Challenges?

For a while now, an eternal debate has existed on the issue of freebies and welfarism. Their nature is so close that it becomes impossible to differentiate between the two and draw a clear line of demarcation. While welfare policies are deemed to be irreplaceable and for the goodwill of society, freebies are understood to be vicious and a method of manipulation used to win political support at the expense of fiscal prudence. Freebies or welfare policies as may be referred to by both sides of the argument undoubtedly have political, economic and social implications. The question that then arises is whether their benefits exerted on society are sufficient to overcome the looming dangers that hide behind the veil of welfare. As this discussion reaches the Supreme Court, this blog highlights a few challenges that lie ahead.

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Battling Digital Disinformation: The Imperative of Fact-Checking in a Participatory Democracy (Part II)

Disinformation and misinformation has been earmarked as a ‘global risk’, causing ‘information pollution’ that adversely impacts decision making and socio-economic and political stability. Part – II intends to explore the evolving interpretation of the theory of ‘marketplace of ideas’ under Article 19(1)(a) to point out that disinformation and misinformation on government affairs distorts the foundation of democracy, i.e., truth. Accordingly, the article emphasises on the need to fact-check in order to ensure plurality of views based on factually true information, since discourse based on false information makes the citizen's participation in democracy a futile exercise.

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Battling Digital Disinformation: The Imperative of Fact-Checking in a Participatory Democracy (Part I)

Disinformation and misinformation has been earmarked as a ‘global risk’, causing ‘information pollution’ that adversely impacts decision making and socio-economic and political stability. In light of this, Part – I of this Article aims to expplain the imperative and constitutionality of the Fact-Check Unit (FCU) under Rule 3(1)(b)(v) of the IT Rules, 2021, through a comparative study. 

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Horizontal Application of Privacy Rights: A Constiutional Tort Framework

This post discusses the critical role of privacy rights in today’s digital landscape, emphasizing enforcement challenges due to privacy’s dual recognition as a fundamental and common law right. Drawing on the Supreme Court’s recent Kaushal Kishor ruling, it advocates for a constitutional tort framework that allows horizontal application of privacy rights within a unified legal structure.

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Laissez-Faire Meets Localism: Domicile Reservations in Karnataka’s Private Sector

The Karnataka government recently introduced a bill mandating substantial reservations for domiciled residents in private-sector jobs, which was swiftly put on hold amid widespread criticism. This blog explores the complex constitutional, legal, and economic ramifications of such domicile-based reservations. By examining judicial precedents and constitutional provisions, the Author highlights the tension between promoting local employment and upholding the principles of meritocracy and laissez-faire that govern private enterprises. Drawing comparisons with similar initiatives in Haryana and Andhra Pradesh, which faced judicial pushback, this analysis underscores the potential risks to Karnataka's economic landscape if the bill were to be implemented. The Author argues that while the intention to support local employment is commendable, it must be balanced with the need to maintain a business-friendly environment and respect for constitutional guarantees of free movement and equality across states.

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